Patent Drafting

To serve the goal of protecting the claimed invention in practice, the patent should be “strong”. A strong patent not only meets the patentability criteria and is able to sustain invalidation attacks; it should be broad enough to be successfully enforced against eventual infringements.

Strong patents form the cornerstone of a successful innovative company’s intellectual property assets.

Sojuzpatent’s attorneys have vast experience in drafting strong patents ab initio and are able to meet a client’s demands in any technical field, including aeronautical engineering, aerospace engineering, agriculture, automotive, biotechnology, cleantech, construction, defense, electronics, food, genetic engineering, immunology, IT/Software, materials, manufacturing, mechanical/engineering, medical devices, nanotechnology, the oil & gas industry, optical technologies, pharmaceuticals, semiconductors, and telecommunications.

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FAQs

Can I get a patent term extension in Russia?

Can I get a patent term extension in Russia?


In case more than five years have lapsed between the filing date of an application for an invention related to a medication, pesticide or agrochemical product (if its use requires authorization) and the date of the first marketing authorisation, the term of the patent shall be extended upon request of the patent owner by the Russian Patent and Trademark office. The term shall be extended for the period computed from the filing date of the patent to the date of the first authorisation minus five years, with the proviso that the term of the patent may not be extended for a period exceeding five years.

The request for extension of the term should be submitted by the patent owner during the term of the patent’s validity within six months after obtaining the first authorisation or of the patent grant, whichever comes last.


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What is the time limit for entering the national phase in Russia and neighboring countries?

What is the time limit for entering the national phase in Russia and neighboring  countries?


The time limit for entering the national phase in Russia is 31 months from the priority date (the earliest priority date if several priorities are claimed), and, if no priority is claimed, 31 months from the filing date of the international application.

The time limit for other post-Soviet countries are as follows:

Country

Time limit in months

As designated office

As elected office

Armenia,

31

31

Azerbaijan

30

31

Belarus

31

31

Estonia

31

31

Georgia

31

31

Kazakhstan

31

31

Kyrgyzstan

31

31

Latvia

There is no national phase, the application should enter the regional phase before EPO

Lithuania

There is no national phase, the application should enter the regional phase before EPO

Moldova

31

31

Tajikistan

30

31

Turkmenistan

30

31

Ukraine

31

31

Uzbekistan

31

31


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To protect one’s technical solution, when is it more appropriate to file an application for an invention, and when for a utility model?

To protect one’s technical solution, when is it more appropriate to file an application for an invention, and when for a utility model?


This decision should be made on a case-by-case basis, depending on the subject matter and goals of patenting, as well as taking into account the specifics provided in the table below.

CharacteristicsInventionUtility Model
Object of protectionProduct (in particular device, substance, strain of microorganism, cell culture of plants or animals) or methodDevice
Patentability criteriaNovelty, inventive step, industrial applicabilityNovelty, industrial applicability
Term of protection20 years (with a possible extension up to 5 years for inventions relating to such products as a drug, pesticide or agrochemical product, if their use requires a statutory authorization and more than five years have lapsed from the filing date of the patent application to the date of obtaining the first authorization)10 years
Approximate time to obtain a patent24 – 36 months6 - 12 months

As one can see from the table, only a device can be protected as a utility model. At the same time, invention patents grant protection to devices, chemical substances, strains of microorganisms, cell cultures of plants or animals, as well as methods. For example, if there is a need to obtain patent protection for a chemical substance, one should file an application for the invention rather than for the utility model.

As far as a device is concerned, we should point out that one can obtain a utility model patent easier than an invention patent, since the utility model is not required to have the inventive step (unlike the invention). Thus, in order to get a utility model patent, one could take two previously known devices and merely combine them, also proving novelty and industrial applicability. An inventive step is not required in this case.

However, the extent of legal protection of an invention is somewhat broader than the one of a utility model because the assessment of infringement of IP rights includes equivalents doctrine.

When choosing between a utility model and an invention patent, one should also consider the risk of patent invalidation. Since inventions have to satisfy the additional patentability requirement of an inventive step (obviousness), possible invalidation actions can have additional grounds – lack of an inventive step. Therefore, in some cases, utility model patents can be considered as potentially more stable.


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Do I have to request a foreign filing license in Russia?

Do I have to request a foreign filing license in Russia?


Although a foreign filing license as a separate notion does not exist, all inventions and utility models created in the territory of the Russian Federation should be first filed in Russia and are subject to a six-month security check before going foreign (6 months from the filing date). The applicant may request to reduce this term, but nevertheless, such a reduction is at the discretion of the authorities.   


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Are software methods patentable in Russia?

Are software methods patentable in Russia?


Computer programs (software) are not considered inventions per se, but a software algorithm may under certain conditions be patented in the form of a method (method of processing, transmitting, converting data, etc.). Under Russian legislation, a patentable method consists in carrying out actions over material objects with the help of material means. An application for the grant of an invention patent may relate to an algorithm of a computer program described in the form of a sequence of actions on signals (material objects) providing a technical result achieved by means of a computer device (material means). In such cases, there are grounds for recognizing the claimed object as a technical solution having a technical result.


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